SENATE BILL REPORT

ESSB 5314

BYSenate Committee on Education (originally sponsored by Senators Bailey, Craswell, Thorsness, Lee, Anderson, Nelson, Benitz, Bauer, Rasmussen and Smith)

Prohibiting persons convicted of sex crimes or other crimes affecting children from working in the public schools.

Senate Committee on Education

Senate Hearing Date(s):January 30, 1989; February 9, 1989

Majority Report:  That Substitute Senate Bill No. 5314 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Bailey, Chairman; Lee, Vice Chairman; Anderson, Bender, Benitz, Craswell, Gaspard, Metcalf, Murray, Rinehart.

Senate Staff:Leslie Goldstein (786-7424)

                  April 7, 1989

AS PASSED SENATE, MARCH 15, 1989

BACKGROUND:

The Superintendent of Public Instruction has the authority to issue and revoke certificates for persons employed in the common schools.  Current grounds for the denial or revocation of a teaching certificate include immorality; violation of written contract; intemperance; crime against the law of the state; the conviction of any crime involving the physical neglect, injury or sexual abuse of children; or any unprofessional conduct.  Procedures for notice, a hearing and an opportunity for appeal are established. Certificates are revocable for up to one year.  A certificate would be reinstated only if the candidate met the requirements for certification including evidence of good moral character.

SUMMARY:

Specific consequences are provided for certificated employees, classified employees and persons working at public schools if convicted for a felony involving: (1) physical neglect of children or the physical injury of children; (2) physical abuse of children; (3) child pornography; (4) sexual offenses, where the victim is a minor, including rape and indecent liberties; (5) promoting the prostitution of a minor; (6) the sexual abuse of children; (7) buying or selling children; or (8) similar laws of another jurisdiction.

If a certificated employee who has contact with school children is convicted of a violation of the described offense, that certificated employee's employment is terminated immediately.  The employee could be reinstated if an appeal were successful.

If, before the enactment of this legislation, a certificated school district employee was convicted of a specified crime, and the statute of limitations for that crime has not expired, that person's certificate to teach will be permanently revoked.  If a certificated employee is convicted of a specified crime in the future, that person's certificate to teach will be permanently revoked.

After opportunity for a hearing, any employee's certification to teach would be permanently revoked after conviction of one of the described felonies.  This applies to felony convictions following the issuance of a certificate or occurring after the effective date of the legislation.

If a classified employee who has contact with school children is convicted of a violation of one of the described offenses, that classified employee's employment is terminated immediately. The employee has the right to appeal provided in statute or under a collective bargaining agreement.

Any contract for services with a person who is not employed by a school district must contain a clause requiring the employer to prohibit any employee from working at a public school in a position where he or she would have contact with school children if that employee has been convicted of any of the described offenses.  Violation of the clause is grounds for ending the contract.

Courts are required, by rule of the Supreme Court, to report to the State Patrol when a person holding a teaching certificate is convicted of one of the described offenses.  The State Patrol transmits the information to the State Board of Education and the Superintendent of Public Instruction.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: FOR:  Howard Coble, Washington Association of School Administrators; Bob Fisher, Washington Education Association

HOUSE AMENDMENT:

Specific consequences are provided for certificated employees, classified employees and persons working at public schools upon a guilty plea or a felony conviction for any of the following felony crimes involving:  (1)  the physical neglect of a child under Chapter 9A.42 RCW;  (2) the physical injury or death of a child under Chapter 9A.32 or 9A.36 RCW (excepting possible motor vehicle violations);  (3)  sexual exploitation of a child under Chapter 9.68A RCW;  (4) sexual offenses under Chapter 9A.44 RCW where a minor is the victim;  (5) promoting prostitution of a minor under Chapter 9A.88 RCW;  (6) the sale or purchase of a minor child under RCW 9A.64.030; or (7) similar laws of another jurisdiction.

If a certificated employee who has contact with school children is convicted or has pled guilty to the listed offenses, that certificated employee's employment is terminated immediately.  The employee could be reinstated if an appeal were successful.

After opportunity for a hearing, any employee's certification to teach would be permanently revoked after conviction or guilty plea for one of the described felonies.  Revocation of a teaching certificate for a guilty plea or criminal conviction occurring before the effective date of the legislation is subject to current law.

If a classified employee who has contact with school children is convicted or pleads guilty to one of the described offenses, that employee's employment is terminated immediately.  The employee has the right to appeal provided in statute or under a collective bargaining agreement.

Any contract for services with a person who is not employed by a school district must contain a clause requiring the employer to prohibit any employee from working at a public school in a position where he or she would have contact with school children if that employee has been convicted or pled guilty to any of the described offenses.  Violation of the clause is grounds for ending the contract.

Upon a guilty plea or conviction of the described offenses, the prosecuting attorney is required to determine whether the person has a teaching certificate or is employed by a school district.  The prosecuting attorney shall notify the State Patrol of those guilty pleas or convictions.  The State Patrol transmits that information to the State Board of Education and the Superintendent of Public Instruction.